Ex Parte YOSHIDA - Page 8




             Appeal No. 2003-1867                                                                                   
             Application No. 09/151,321                                                                             

             relation to the Section 112 rejection.  Hower is deemed to teach that the controller                   
             (server 25, Fig. 2) selects an image forming apparatus which has a specific mode in a                  
             prior job at the time the selection is made.  “The printer properties are stored in the                
             profiles before in the server.  Thus, [t]he printer properties would be considered as the              
             prior job which have a specific mode of the printer.”  (Answer at 13.)                                 
                    Hower discloses, in column 4, that combination examiner 37 stores at least one                  
             copy of a printer profile 44 that is maintained by server 25, and matches print job                    
             selections with a combination of printer properties provided in the stored printer profile.            
             Printer profiles 44 are expressly described at column 5, lines 10 through 21 of the                    
             reference.  The printer profiles are composed of a set of descriptions of printing media               
             available at the associated printer, a set of rules which describe the allowed ranges and              
             interactions between media description parameters for the associated printer, and a set                
             of rules which describe the finishing, formatting, and output capabilities of the                      
             associated printer.  The printer profiles thus do not contain information with respect to              
             the jobs stored in memory such that a comparison may be made with the specific mode                    
             of the input job.  As such, we find no disclosure or suggestion for (claim 1) a controller             
             that selects an image forming apparatus based, in part, on the circumstance that the                   
             apparatus stores a prior job having the specific mode of the input job at the time the                 
             selection is made.                                                                                     
                    Independent claims 11 and 16 contain substantially the same requirements that                   
             we find lacking in the rejection of claim 1.  The relied-upon evidence does not show                   
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